FCPA Compliance and Ethics Report-Episode 65-World Cup Report-Part I
A number of articles previously published in Receivership News have pointed out that while it is clear that receivers appointed by federal courts have quasi-judicial immunity ( See, New Alaska Dev. Corp. v. Guetschow, 869...more
The issue of whether athletic referees are independent contractors has surfaced a few times in the last few years. Here, in Pennsylvania, the Pennsylvania Interscholastic Athletic Association (the PIAA) that engages these...more
Two years ago, we wrote about a noncompete decision in which a special referee found a business seller had breached a sales agreement by violating both a noncompete covenant and an exclusive sales provision contained in the...more
Like Gertrude Stein’s “rose”, an appraisal is an appraisal is an appraisal except in Massachusetts. Massachusetts’ version of appraisal is a statutory process named “reference.” Although a reference proceeding is very similar...more
In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer’s policy...more
“We are all apprentices in a craft where no one ever becomes a master.” – Ernest Hemingway Masters-in-equity and special referees operate only when the circuit courts refer actions to them. Rule 53 of the South...more
Mr Conroy, a referee, brought a claim for unfair dismissal against the Scottish Football Association (SFA). The Employment Tribunal agreed with the SFA's argument that Mr Conroy was self-employed (as opposed to an employee),...more
The FCPA Compliance and Ethics Report, Episode 65 is out. In this episode, I begin a 4 part World Cup series with Mike Brown, Managing Director of Infortal. In this episode we discuss bribery and corruption of referees and...more
Can a receiver be assigned to a referee by stipulation, and take instruction from the referee? A receiver is an officer of the court, appointed by and directed by the court....more